A. A licensing authority may not include any question on an application for a license, permit, certificate or registration that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The licensing authority may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program.
B. For the purposes of this section, "licensing authority" means any agency, department, board or commission of this state that issues a license, permit, certificate or registration pursuant to this title to an individual who provides a service to any person. Licensing authority does not mean:
1. An entity that issues licenses pursuant to chapter 40 of this title.
2. A health profession regulatory board as defined in section 32-3201.